IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Filing 197

DECLARATION of Karen M. Firstenberg re #194 Notice (Other) of Motion and Motion to destroy retained wheat gluten by CHEMNUTRA, INC.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, Part 1, #3 Exhibit Exhibit B, Part 2, #4 Exhibit Exhibit B, Part 3)(BRAZIL, ANTHONY)

IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Doc. 197

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
IN RE PET FOODS PRODUCTS LIABILITY LITIGATION

MDL DOCKET NO. 1850

Case No. 07-2867 (NH)
Judge Joel L. Hilman

DECLARTION OF KAN M.
FIRSTENBERG IN SUPPORT OF

CHEMNTRA'S MOTION TO DESTROY ITS REMAING RECALLED WHAT GLUTEN

STATE OF CALIFORNA )
COUNTY OF LOS ANGELES )
) SS:

DECLARATION OF KAREN M. FIRSTENBERG

1. I am an attorney at Morrs Polich & Purdy LLP, counsel of record for

ChemNutra Inc. in this litigation. The following facts are within my personal
knowledge and if called upon to do so I could and would competently testify
thereto.
2. On or about May 27, 2008, I submitted to the Food and Drug
Administration's Office of Management Programs Department of

Freedom of

Information, a request for access to and copies of all tests, reports, results or other

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Dockets.Justia.com

documents with related to or reflected to any analysis or testing of raw wheat

gluten obtained from ChemNutra, Inc. in 2007. Attached hereto as Exhibit A is a
true and correct copy of the May 27, 2008 Freedom of

Information Act ("FOIA")

request that I sent.
3. Attached hereto as Exhibit B is a true and correct copy of the response
that I received from the Department of

Health and Human Services, Food and

Drug Administration's Kansas City District's office to my May 27,2009 FOIA
request. Exhibit B contains 134 pages of documents that reflect the methodology,
sampling plan and the results of the FDA testing of the XuZhou Anying Wheat
Gluten stored by ChemNutra at the Mokahn Container Service, Inc. warehouse

located in Kansas City, Missouri. Specifically, these records document, in detail,
the sampling performed by the FDA, including the following data: (a) the date of
collection; (b) product code; (c) FIS sample number; (d) hours spent related to each sampling; (e) country of origin for each sampling; (t) a product description; (g)
batch identification; (h) reason for sampling; (i) lot size; G) description of sample;
(k) method of collection; (1) preparation procedures for sampling; (m) remarks; and

(n) lab conclusion. These documents are available to the public pursuant to the Freedom of Information Act.
4. As this Court wil see from the review of

the FDA documentation, the

FDA's methodology and plan for sampling and testing was thorough and
consistent with the plans proposed and previously approved by this Court in
connection with its Orders pertaining to retained inventory of fmished products.

I declare under penalty of perjur that the foregoing is true and correct.

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